As Montclair’s Petition Turns

BY  |  Friday, Sep 09, 2011 7:02pm  |  COMMENTS (22)

The petition circulated by Mayor Fried, Councilor Weller-Demming and Lewis is dead — at least for now. The reason? Exactly what Michael Byrne cited in a letter today to town clerk Linda Wanat.

Essex County Clerk Chris Durkin says that Byrne was correct about the number of signatures needed and that Wanat had mistakenly used the wrong voting year when calculating the required number of signatures needed. Durkin also tells us that the petitioners had extra signatures, but Wanat stopped counting when they had reached the number she believed was the required number.

Now the petition will be decertified — but expect this man — to take legal action (maybe he’ll do it in song!)

Bennet Zurofsky (pictured) is the attorney/musician who contacted Chris Durkin earlier today on behalf of Mayor Fried, requesting that the question be put on the ballot or else Zurofsky would pursue the matter in Superior Court. Durkin had voiced his intention to put the question on the ballot, but as a result of Byrne’s letter and a call from Linda Wanat, it became evident, says Durkin, that the required number of signatures were not there. Wanat had used 2010 election numbers, rather than the 2009 General Assembly election numbers.

Durkin says although this petition will be decertified, the committee of petitioners can go get the additional required signatures and have them certified and then on September 20th, we can all expect a replay of the council meeting last week — where instead of voting on the ordinance, the same councilors agree to table the issue. If this happens, Durkin would again be considering permitting the referendum within the time frame of the next deadline, Sept. 28. Durkin says Zurofsky may also fight on the basis that the petitioners were given incorrect information.

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22 Comments

  1. POSTED BY nickcharles  |  September 09, 2011 @ 7:24 pm

    Oh, to be a fly on the wall at Fried’s manse this weekend.

  2. POSTED BY stu  |  September 09, 2011 @ 7:47 pm

    Which manse is that? The one that is still listed in the MLS for rent, like so many storefronts in his town with the elevated property values due to our walkability? Or the mini-mansion that mayor moneybags moved into recently when downsizing when he could no longer afford the taxes on his original mansion. I suppose, it’s hardly green for two people to live in such a large place, you know, with such heating, cooling and electric waste. That’s quite a large carbon footprint for such a small man.

  3. POSTED BY stu  |  September 09, 2011 @ 7:50 pm

    And what’s with the plethora of bearded lawyers that Fried chooses to associate with. I think we now know why Alan is no longer the town lawyer. It must have been his refusal to grow his hair like Nick and Ira.

  4. POSTED BY PAZ  |  September 09, 2011 @ 8:19 pm

    Yawn, again.

  5. POSTED BY oliver  |  September 09, 2011 @ 9:19 pm

    OMG. Send in the clowns. Let’s have the next election ASAP to get rid of this crew.

  6. POSTED BY bebopgun  |  September 09, 2011 @ 10:00 pm

    That dude definitely smokes weed.

  7. POSTED BY Nellie  |  September 09, 2011 @ 10:34 pm

    ASAP isn’t soon enough, oliver.

  8. POSTED BY Right of Center  |  September 09, 2011 @ 10:37 pm

    According to the law, you need 70 days between the certification of the petition and the election (if the council uses the maximum time allotted). So I dint think it can be legally put on the ballot in November. There would have to be a social election.

  9. POSTED BY Right of Center  |  September 09, 2011 @ 10:38 pm

    damn auto spelling correction!

    “So I dont think it can be legally put on the ballot in November. There would have to be a special election.”

  10. POSTED BY willjames  |  September 09, 2011 @ 10:49 pm

    Oh, haha—-funny bearded man strumming guitar! Way to make your point, Baristanet!

    Say, what does the victor in this “Battle Royale” (to quote the Montclair Times) look like, I wonder? Hmm: http://on.fb.me/n6kUqe

  11. POSTED BY spicoli  |  September 10, 2011 @ 9:15 am

    Montclair is a total freak show.

  12. POSTED BY sohobound  |  September 10, 2011 @ 10:36 am

    I clicked on the (he’ll do it in a song) link, and couldn’t believe my eyes, or ears for that matter. We are in big trouble with this circus.

    I agree with Nellie, ASAP is not soon enough.

  13. POSTED BY walleroo  |  September 10, 2011 @ 3:38 pm

    I am nonplussed. I have nothing to add that could make this any funnier than it already is.

  14. POSTED BY jwatson  |  September 10, 2011 @ 4:04 pm

    In a remarkably concise manner, the Marsupial has nailed it.

  15. POSTED BY jerseygurl  |  September 12, 2011 @ 11:50 am

    Where did my comment go? This is hilarious!

  16. POSTED BY jerseygurl  |  September 12, 2011 @ 12:05 pm

    Thanks, ROC. I was away last week and came back to see that it just gets more and more bizarre!

  17. POSTED BY Right of Center  |  September 12, 2011 @ 12:13 pm

    What I don’t get is that the law is VERY clear about the time lines involved and, according to the law, there is simply not enough time to get the petition re-certified and on the ballot by Nov. 8. But neither side (strangely) is acknowledging that fact.

  18. POSTED BY jhartnett  |  September 13, 2011 @ 7:44 pm

    Attn: ROC. FYI, Mr. Simon is wrong. You can only get a special election if you have 15% or more. More than 10% but less than 15% gets you only the next general election. See 69A-184 in conjunction with 192(b).

  19. POSTED BY Right of Center  |  September 13, 2011 @ 8:53 pm

    thanks for the info Mr Hartnett.

  20. POSTED BY jhartnett  |  September 13, 2011 @ 9:13 pm

    My pleasure. Like you, I have this quaint notion that government is supposed to be of laws, not men. Seems to be a great need for that nowadays. More to come.

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